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Home My WebLink AboutT-5134 - Report - 2/17/2005 city of FR ,' �) REPORT TO THE CITY COUNCIL AGENDA ITEM NO. COUNCIL MEETING December 9, 2003 APPROVEDBY DEPARTMENT DIRECTOR FROM: NICK P. YOVINO, Director Planning and Development Department CITY MANAGER BY: ALAN KAWAKAMI, Chief Engineering Technician Building & Safety Services Division SUBJECT: APPROVING THE FINAL MAP OF TRACT NO. 5134 Lz RECOMMENDATIONS 1. ADOPT the attached Resolution approving the Final Map of Tract No. 5134 and accepting the dedicated public uses therein. 2. AUTHORIZE the Public Works Director to execute the: a. Subdivision Agreement. b. Statement of Covenants Affecting Land Development for Landscape Maintenance. 3. AUTHORIZE the Planning and Development Director to execute the: a. Statement of Covenants Affecting Land Development Deferring Certain Sewer Connection Charges, Water Connection Charges, Urban Growth Management Fees and Development Fees to the time of issuance of Certificate of Occupancy and Creation of Lien. b. Statement of Covenants Affecting Land Development for Front Yard Trees EXECUTIVE SUMMARY The Subdivider, Capistrano Fresno Partners ll, LLC, a California Limited Liability Company, has filed for approval, the Final Map of Tract No. 5134. The project, a Final Map of Vesting Tentative Map No. 5134/UGM fore 92-lot single-family residential subdivision with one Outlot for City Perk purposes,on 28.0 acres is located on the northeast corner of North Hayes and West Gettysburg Avenues. The Final Map is technically correct and conforms to the conditionally approved Tentative Map, the Subdivision Map Act and local ordinances; it is consistent with, and implements the 2025 General Plan, West Area Community Plan and Highway City Neighborhood Specific Plan. The provisions of Sections 66458 and 66474.1 of the Subdivision Map Act and local ordinances require that such final map be approved by the City Council. PROJECT INFORMATION PROJECT The Final Map of Tract No. 5134, a 92-lot single-family residential subdivision with one Outlot on 28.0 acres. LOCATION The northeast corner of North Hayes and West Gettysburg Avenues. (Council District 2, Council Member Calhoun) SUBDIVIDER Capistrano Fresno Partners II, LLC, a California Limited Liability Company R. Mitch Covington, General Partner REPORT TO THE CITY COUNCIL Final Map of Tract No. 5134 December 9, 2003 Page 2 LAND USE&ZONING Medium density residential and City Park; R-1 (single family residential)zoning is existing pursuant to Rezone Application No. 03-13. PLAN CONSISTENCY The project is consistent with the medium density residential and neighborhood park land use designation of the West Area Community Plan and the Highway City Neighborhood Specific Plan. COMPLIANCE WITH The Final Map conforms to all requirements of the Subdivision Map Act and SUBDIVISION MAP ACT local subdivision ordinances applicable to the conditions of approval of Vesting AND LOCAL Tentative Map No. 5134/UGM; the completion of all public improvement ORDINANCES requirements have been guaranteed and applicable fees paid. BACKGROUND Tentative Map Approval: The Fresno City Planning Commission on June 4, 2003 adopted Resolution No. 11863 conditionally approving Vesting Tentative Map No. 5134 (Tentative Map) for a 92-lot single-family residential subdivision with one Outlot, to be developed at an overall density of 4.2 units per acre. Although the proposed subdivision would be developed at a density (4.2 units/acre) under the lower threshold of"Medium Density", the Fresno Municipal Code Section 12-403-B-2.b(1) allows developed residential density to be reduced to the minimum density of the next-lowest residential land use designation. The project remains consistent with the Medium density plan designation of the West Area Community Plan and Highway City Neighborhood Specific Plan. The approval of Vesting Tentative Map No.5134/UGM remains effective until June 4, 2005. Subdivision Agreement, Securities, Fees & Covenants: The Subdivider has executed the Subdivision Agreement and has posted securities in the amount of$1,593,000 for performance and $796,500 for labor and materials to guarantee the installation of the required public improvements. The Subdivider has paid cash in the amount of$195,815.60 for applicable fees and has entered into a covenant to defer the payment of certain sewer connection charges, water connection charges, Urban Growth Management fees and development fees in the amount of$131,616.45 to the time of issuance of Certificate of Occupancy. The Subdivider has also entered into covenants for Landscape Maintenance, and to Plant and Maintain Front Yard Trees. The subdivision documents, securities and resolutions have been reviewed and approved by the City Attorneys office. REPORT TO THE CITY COUNCIL Final Map of Tract No. 5134 December 9, 2003 Page 3 Landscape Maintenance District: A condition of approval of the tentative map is to install and maintain the landscaping and irrigation system in the landscape easements of all lots that side-on and back-onto North Hayes and West Gettysburg Avenues. The Subdivider elected to satisfy this condition by annexing the final map into the City's Community Facility District No. 2 (CFD-2). The City Council adopted Resolution 2003-327 on October 21, 2003, annexing the Final Map into CFD-2. The Subdivider has executed the covenant for Landscape Maintenance and as a condition of the Subdivision Agreement, is required to provide every prospective purchaser of each lot of the subdivision the "Notice of Special Tax", in accordance with the provision of Section 53341.5 of the California Government Code. The estimated annual assessment under CFD-2 is 113.39 per lot. Street Improvements: All interior streets, shall be dedicated in accordance with the 50-foot and 54-foot width standards and will be fully improved with standard curb, gutter, street lighting, permanent pavement, and sidewalks on both sides of the streets. Attachments: Vicinity Map Vesting Tentative Map No. 5134 Final Map of Tract No. 5134 Resolution Approving the Final Map of Tract No. 5134 CRFT 5134.rev 11/14/03 RESOLUTION NO. 2003-379 RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA,APPROVING THE FINAL MAP OF TRACT NO. 5134 AND ACCEPTING DEDICATED PUBLIC USES THEREIN. WHEREAS, Capistrano Fresno Partners II, LLC, a California Limited Liability Company, has offered for approval a Final Map designated as Tract No. 5134 ("map"), pursuant to approved Vesting Tentative Map No. 5134 ("tentative map"); and, WHEREAS, all the certificates which appear on the map (except the approval certificate of the Council of the City of Fresno and the recording certificate of the Recorder of the County of Fresno) have been signed and acknowledged and said map has been filed for approval; and, WHEREAS, the subdivision lies within the boundaries of the City of Fresno; and, WHEREAS, the map conforms to all of the requirements of the Subdivision Map Act of the State of California, and City ordinances, resolutions and standards, except that Section 66492 and 66493 of the Subdivision Map Act may not be fully complied with at the time of passage of this resolution and owner having previously filed with the Clerk of the Board of Supervisors of Fresno County a Tax Compliance Certificate Request along with copies of the map considered herewith by the Council; and, WHEREAS, the Council finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with all applicable general and specific plans of the City; and, WHEREAS, the Subdivider and the Owners, whose signatures appear on the map, and others have offered for dedication certain streets, public utility easements, access rights and other public properties and uses as shown and delineated upon said map; and, WHEREAS, the Planning Commission of the City of Fresno, by formal resolution, approved said tentative map. �lArro�ed Resolution Approving Final Map of Tract No. 5134 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. That the map is hereby approved and all of the streets, public utility easements, access rights and other public properties and uses offered for dedication on the map are hereby accepted, subject to complete compliance with Sections 66492 and 66493 of the Subdivision Map Act prior to release of the map for recordation. 2. The Council finds that the map is in substantial compliance with said tentative map, any deviations therefrom being deemed to be approved by the Council. Resolution Approving Final Map of Tract No. 5134 Page 3 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing Resolution was adopted by the Council of the City of Fresno, California, at a regular meeting held on the 9th day of December AYES: Calhoun, Castillo, Dages, Duncan, Perea, Sterling, Boyajian NOES: None ABSENT: None ABSTAIN: None REBECCA E. KLISCH, City Clerk r BY - _ APPROVED AS TO FORM: D ANTU MONTOY B uty